HB-4335, As Passed Senate, November 8, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4335

     A bill to amend 1965 PA 203, entitled

"Commission on law enforcement standards act,"

by amending section 9 (MCL 28.609), as amended by 2004 PA 379.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9. (1) The commission shall promulgate rules to establish

law enforcement officer minimum standards. The rules do not apply

to a member of a sheriff's posse or a police auxiliary temporarily

performing his or her duty under the direction of the sheriff or

police department. In promulgating the law enforcement officer

minimum standards, the commission shall give consideration to the

varying factors and special requirements of local police agencies.

The law enforcement officer minimum standards shall include all of

the following:

     (a) Minimum standards of physical, educational, mental, and

moral fitness that govern the recruitment, selection, appointment,

and certification of law enforcement officers.

     (b) Minimum courses of study, attendance requirements, and

instructional hours required at approved police training schools.

     (c) The rules promulgated under this section do not apply to a

member of a sheriff's posse or a police auxiliary temporarily

performing his or her duty under the direction of the sheriff or

police department.

(c)  (d) Minimum basic training requirements that a person,

excluding sheriffs, shall complete before being eligible for

certification under section 9a(1).

     (2) If a person's certification under section 9a(1) becomes

void under section 9a(4)(b), the commission shall waive the

requirements described in subsection (1)(b) for certification of

the person under section 9a(1) if 1 or more of the following apply:

     (a) The person has been employed 1 year or less as a

commission certified law enforcement officer and is again employed

as a law enforcement officer within 1 year after discontinuing

employment as a commission certified law enforcement officer.

     (b) The person has been employed more than 1 year but less

than 5 years as a commission certified law enforcement officer and

is again employed as a law enforcement officer within 18 months

after discontinuing employment as a commission certified law

enforcement officer.

     (c) The person has been employed 5 years or more as a

commission certified law enforcement officer and is again employed

as a law enforcement officer within 2 years after discontinuing

employment as a commission certified law enforcement officer.

     (d) The person has successfully completed the mandatory

training and has been continuously employed as a law enforcement

officer, but through no fault of that person the employing agency

failed to obtain certification for that person as required by this

act.

     (3) A commission certified law enforcement officer who is a

member of any of the reserve components of the United States armed

forces and who is called to active duty in the armed forces is not

considered to have discontinued his or her employment as a

commission certified law enforcement officer under section

9a(4)(b). The person's certification under section 9a(1) shall not

become void during that term of active military service. However,

the certification of a certified law enforcement officer described

in this subsection may be revoked under section 9b if the officer

committed an offense during the period of active duty in the armed

forces that resulted in a conviction enumerated in section 9b(1).

As used in this subsection, "reserve components of the United

States armed forces" means that term as defined in section 2 of the

military family relief fund act, 2004 PA 363, MCL 35.1212. This

subsection does not apply to a commission certified law enforcement

officer who volunteers for a term of active military service or who

voluntarily extends a term of active military service that began

when he or she was called to active duty. This subsection does not

apply to a commission certified law enforcement officer who is

dishonorably discharged from a term of active military service.

     (4)  (3) The commission shall promulgate rules with respect

to all of the following:

     (a) The categories or classifications of advanced in-service

training programs for commission certified law enforcement officers

and minimum courses of study and attendance requirements for the

categories or classifications.

     (b) The establishment of subordinate regional training centers

in strategic geographic locations in order to serve the greatest

number of police agencies that are unable to support their own

training programs.

     (c) The commission's acceptance of certified basic police

training and law enforcement experience received by a person in

another state in fulfillment in whole or in part of the law

enforcement officer minimum standards.

     (d) The commission's approval of police training schools

administered by a city, county, township, village, corporation,

college, community college or university.

     (e) The minimum qualifications for instructors at approved

police training schools.

     (f) The minimum facilities and equipment required at approved

police training schools.

     (g) The establishment of preservice basic training programs at

colleges and universities.

     (h) Acceptance of basic police training and law enforcement

experience received by a person in fulfillment in whole or in part

of the law enforcement officer minimum standards prepared and

published by the commission if both of the following apply:

     (i) The person successfully completed the basic police training

in another state or through a federally operated police training

school that was sufficient to fulfill the minimum standards

required by federal law to be appointed as a law enforcement

officer of a Michigan Indian tribal police force.

     (ii) The person is or was a law enforcement officer of a

Michigan Indian tribal police force for a period of 1 year or more.

(5)  (4) Except as otherwise provided in this section, a

regularly employed person employed on or after January 1, 1977 as a

member of a police force having a full-time officer is not

empowered to exercise all the authority of a peace officer in this

state, or be employed in a position for which the authority of a

peace officer is conferred by statute, unless the person has

received certification under section 9a(1).

(6)  (5) A law enforcement officer employed before January 1,

1977 may continue his or her employment as a law enforcement

officer and participate in training programs on a voluntary or

assigned basis but failure to obtain certification under section

9a(1) or (2) is not grounds for dismissal of or termination of that

employment as a law enforcement officer. A person who was employed

as a law enforcement officer before January 1, 1977 who fails to

obtain certification under section 9a(1) and who voluntarily or

involuntarily discontinues his or her employment as a law

enforcement officer may be employed as a law enforcement officer if

he or she was employed 5 years or more as a law enforcement officer

and is again employed as a law enforcement officer within 2 years

after discontinuing employment as a law enforcement officer.

(7)  (6) A law enforcement officer of a Michigan Indian

tribal police force is not empowered to exercise the authority of a

peace officer under the laws of this state and shall not be

employed in a position for which peace officer authority is granted

under the laws of this state unless all of the following

requirements are met:

     (a) The tribal law enforcement officer is certified under this

act.

     (b) The tribal law enforcement officer is 1 of the following:

     (i) Deputized by the sheriff of the county in which the trust

lands of the Michigan Indian tribe employing the tribal law

enforcement officer are located, or by the sheriff of any county

that borders the trust lands of that Michigan Indian tribe,

pursuant to section 70 of 1846 RS 14, MCL 51.70.

     (ii) Appointed as a police officer of the state or a city,

township, charter township, or village that is authorized by law to

appoint individuals as police officers.

     (c) The deputation or appointment of the tribal law

enforcement officer described in subdivision (b) is made pursuant

to a written contract that includes terms the appointing authority

under subdivision (b) may require between the state or local law

enforcement agency and the tribal government of the Michigan Indian

tribe employing the tribal law enforcement officer.

     (d) The written contract described in subdivision (c) is

incorporated into a self-determination contract, grant agreement,

or cooperative agreement between the United States secretary of the

interior and the tribal government of the Michigan Indian tribe

employing the tribal law enforcement officer pursuant to the Indian

self-determination and education assistance act, Public Law 93-638,

88 Stat. 2203.

(8)  (7) A law enforcement officer of a multicounty

metropolitan district, other than a law enforcement officer

employed by a law enforcement agency created under the public body

law enforcement agency act, is not empowered to exercise the

authority of a peace officer under the laws of this state and shall

not be employed in a position for which peace officer authority is

granted under the laws of this state unless all of the following

requirements are met:

     (a) The law enforcement officer has met or exceeded minimum

standards for certification under this act.

     (b) The law enforcement officer is deputized by the sheriff or

sheriffs of the county or counties in which the land of the

multicounty metropolitan district employing the law enforcement

officer is located and in which the law enforcement officer will

work, pursuant to section 70 of 1846 RS 14, MCL 51.70.

     (c) The deputation or appointment of the law enforcement

officer is made pursuant to a written agreement that includes terms

the deputizing authority under subdivision (b) may require between

the state or local law enforcement agency and the governing board

of the multicounty metropolitan district employing the law

enforcement officer.

     (d) The written agreement described in subdivision (c) is

filed with the commission.

(9)  (8) A public body that creates a law enforcement agency

under the public body law enforcement agency act and that employs 1

or more law enforcement officers certified under this act shall be

considered to be a law enforcement agency for purposes of section

9d.

(10)  (9)  The commission may establish an evaluation or

testing process, or both, for granting a waiver from the law

enforcement officer minimum standards regarding training

requirements to a person who has held a certificate under this act

and who discontinues employment as a law enforcement officer for a

period of time exceeding the time prescribed in subsection (2)(a)

to (c)  or subsection (5),  or (6), as applicable.